DeBruce v. Commissioner, AL DOC, No. 11-11535 (11th Cir. 2014)
Annotate this CasePetitioner, a death row inmate, appealed the denial of his petition for writ of habeas corpus under 28 U.S.C. 2254. The court concluded that the state court's conclusion that trial counsel did not provide ineffective assistance during the guilt phase was not an unreasonable application of or contrary to Strickland v. Washington. The court concluded, however, that the state court unreasonably applied Strickland in holding that the omitted mitigation evidence in this case had no reasonable probability of reducing petitioner's sentence. Because of trial counsel's deficient performance, petitioner's jury was given almost no reason to spare his life as demonstrated by the paucity of the mitigating evidence actually presented during the penalty phase and the fact that the state trial court found only one mitigating circumstance. Accordingly, the court affirmed in part, reversed in part, and remanded.
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